I signed over guardianship Of my boys to my parents to keep there mom from running away with them. It was suppose to be temporary,now theyre fighting it,ive lived with them and my boys for over a year ,i have paid for nearly everything for my boys ,can i claim them on my taxes or is it illegal since im fighting for guardianship ?
1 Answer from Attorneys
In some cases even though a taxpayer may be legally entitled to a dependency deduction, problems arise if another person attempts to take the deduction. You may wish to discuss with your parents whether they intend to take the deduction. Among other requirements, a person taking a deduction for a qualifying child will live with the child and provide more than half the support needed to sustain the child. If a child could be the dependent of more than one relative, the relatives should agree among themselves who is to claim the child. Completion of Form 8332 may be required. This is definitely an issue you should discuss with your tax preparer.
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